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The way executive branch officials are nominated and confirmed these days seems to please none of the people, none of the time. Presidential supporters contend that senators are so ideologically charged and so concerned with reelection that they block presidential nominations "for reasons that have nothing to do with the nominee, and everything to do with some unrelated dispute between president and Senate."' Congressional supporters counter that the real problem is that presidents are so obsessed with their public opinion ratings and legacy that they misuse their nomination and appointment powers to curry favor with special interest groups and to push the nation in impolitic directions.2 And those who, favoring neither branch, merely want a healthy democracy fear that the federal appointment process recently has strayed too far from its constitutional roots.3 In an effort

Vacant Reform: Why the Federal Vacancies Reform Act of 1998 Is Unconstitutional